Scotland's flagship �legislation on alcohol has �suffered a major blow after it emerged a key element has failed to stand up to scrutiny in the courts, a month before the new laws come in to full effect.

Scotland's flagship legislation on alcohol has suffered a major blow after it emerged a key element has failed to stand up to scrutiny in the courts, a month before the new laws come in to full effect.

It follows an appeal to the Sheriff Court by petroleum giant BP to overturn a decision by the country's largest licensing authority to prevent two of its filling stations selling alcohol, a move that could now render one whole section of the Act redundant.

The intention was that by September only garage forecourts proving they were the main source of groceries and fuel in a particular area would be able to continue selling alcohol, protecting many rural filling stations from the ruling.

However, a decision in recent days by Sheriff Craig Scott has thrown this aspect of the incoming Licensing (Scotland) Act 2005 into disarray after he ruled there was a gulf between the guidance issued by government and the letter of the law.

Rather than proving that the garage serves the need of a wider community, as stated in the guidance, Sheriff Scott has said that the legislation makes mention only of "persons resident in the locality", meaning that if the shop is used by more than one person to purchase groceries it has fulfilled the requirements.

Sheriff Scott has described "community" as a "somewhat nebulous concept, whereas the use of persons resident in the locality carries with it a far greater degree of certainty".

The sheriff has now sent the cases, relating to BP/Marks & Spencer Simply Food Outlets on Great Western Road and Paisley Road West, back to the Glasgow Licensing Board for reconsideration.

The wider legislation aims to stem alcohol abuse, particular among the young, by promoting the responsible selling of drink.

The Herald understands Glasgow licensing authority is still undecided as to whether it should appeal the sheriff's decision and "fight the government's corner" .

If an urban area such as Glasgow overturns its previous decision, the upshot could be that other areas will follow suit, meaning scarcely a garage forecourt in Scotland would be alcohol-free.

One senior legal source said: "There's just no clarity and we're fully expecting quite a few court cases based on interpretations of vague licensing objectives.

"As for BP, if Glasgow overturns its previous ruling the rest will follow, leaving this part of the act meaningless."

The setback follows a decision by the government to postpone the enforcement of another part of the legislation, which requires those selling alcohol to have personal licences, after concerns about a huge paperwork backlog.

Councillor Stephen Dornan, chairman of the Glasgow Licensing Board, said: "We're disappointed at the sheriffs' rulings. We believe the board has taken a sensible decision following the spirit of the legislation and the intentions of parliament.

A government spokeswoman said: "It is for local licensing boards to make decisions on whether to grant applications for licenses from garages - in line with the terms set out in the act.

"As we have made clear, the Scottish Government will review the guidance on this issue, along with other documentation for the act, at the end of the transition period."

A BP spokesman said: "We do not wish to comment until the board has had the opportunity to reconsider the applications."